Asbestos Lawsuit After Death
An experienced asbestos lawyer can bring a wrongful death lawsuit against the makers of asbestos-based products. Lawyers can collect evidence, including bank records and receipts, medical records and even testimony, to establish that the deceased was exposed to asbestos.
Asbestos-related illnesses have long latency periods which means that the symptoms can be present for decades before they are diagnosed. This is the reason the statute of limitations for personal injury cases are applied differently to mesothelioma.
Compensation
Asbestos lawsuits following death usually give family members compensation to cover expenses such as funeral costs, loss of income, medical bills, and so on. Families can also be awarded compensation for emotional trauma, grief, or suffering. Compensation is intended to help loved ones of the victims recover following a death that was wrongful.
A mesothelioma lawyer who is experienced can help surviving relatives determine what an asbestos-related claim should be worth. The lawyer will review the medical records of a patient, asbestos exposure timeline, and employment history to create an extensive account of the person's life. They can reach out to coworkers or anyone else who might have been acquainted with the victim to determine whether asbestos was ever exposed. They can also look for evidence, such as mesothelioma-related signs or a diagnosis that can help build an evidence-based case.
Once the lawyer is done with this work, he or is able to file a wrongful-death suit on behalf of a loved one who has passed away. The statute of limitations for wrongful death differs by state. Your lawyer will explain to you how it applies to your particular situation.
After the wrongful-death suit is filed, the lawyers will negotiate with the producers of asbestos products to get financial assistance for the victims. They may also file claims using trust funds, which are created by bankrupt asbestos companies to compensate victims and their families.
Asbestos litigation differs from other personal injury lawsuits due to the long time periods of latency associated with asbestos-related disease. The time-limit for other cases begins when an injury is discovered however in asbestos cases, the latency period could last for decades or more before the person experiences symptoms. This makes the process more complicated and requires the assistance of an experienced attorney.
Statute of Limitations
You may be entitled to financial compensation if been diagnosed with an asbestos-related disease. A successful lawsuit or claim to a trust fund could be used to pay for medical expenses, home health costs, lost wages and quality of life funeral expenses and medical bills. A specialist lawyer can help you decide which kind of lawsuit is best for your case.
In the United States asbestos lawsuits are subject to state statutes and laws. The standard procedure dictates that the clock begins on the date on which the claimant is diagnosed (for personal injury claims) or the date the claimant dies (for wrongful-death claims). However, this is a bit complicated due to the fact that asbestos-related ailments generally take a long time to manifest. This "latency" period makes it difficult to adhere to the standard statute of limitations.
The law in each state varies and there are a variety of aspects that affect the time frame for a specific claim. The location of asbestos-related businesses and job sites, as well as whether the victim was a residential or commercial consumer can affect the legal proceedings.
A knowledgeable lawyer can assist you in determining the deadlines that apply and what evidence is required to file an asbestos lawsuit or trust fund claim. The lawyer can also analyze the possibility of obtaining exceptions or exemptions to the statute of limitations that could extend the claim's timeline.
It's important to consult an attorney as quickly as you can when filing an asbestos claim. The earlier you contact an attorney, the greater your chance of receiving financial compensation and winning your lawsuit.
Kazan Law's wrongful-death lawyers have helped mesothelioma victim families obtain significant financial settlements. Contact Kazan Law for more information should you be interested in filing a claim involving asbestos. The firm's dedicated attorneys can assist you in filing the personal injury or wrongful death claim, as well as identifying applicable asbestos trust funds for your particular case. For more information on how to move forward with your asbestos claim complete a free assessment of your case.
Preparation
Asbestos victims must be prepared to file a lawsuit against companies who exposed them to asbestos that is dangerous. Many lawsuits involve multiple defendants as asbestos manufacturers hid their knowledge of health risks to workers for a long time. The victims and their families should be prepared to conduct a thorough examination of their work history and possible locations of asbestos exposure. The investigation usually involves going back through the steps taken by asbestos exposure, which could require traveling to different states. Mesothelioma attorneys have the expertise and resources to help their clients.
Mesothelioma lawsuits are typically divided into two types of claims: personal injury and wrongful deaths. A wrongful death claim is filed by family members after the death of a victim due to an asbestos-related disease such as mesothelioma. These claims seek compensation for funeral expenses as well as lost earnings and other financial losses. The lawsuits for wrongful death also help families hold asbestos manufacturers who are negligent accountable for their loved one's fatal illnesses.
The victim does not need to be alive to file a wrongful-death lawsuit against asbestos-related businesses however, they must provide evidence and testify. This includes medical records of a mesothelioma sufferer, their work and asbestos tests results.
A mesothelioma lawyer who is experienced can help prepare an wrongful death lawsuit following a victim's passing by handling all legal obligations for their client, such as filing the lawsuit and negotiating compensation amounts. This allows the family to focus on grieving and other necessities of life.
Asbestos is a naturally occurring mineral that was used to create a fire-retardant in manufacturing and construction from the 1940s until the 1970s. Workers were exposed to the harmful substance when they built ships, factories, houses and power plants. The United States military also used asbestos to construct planes and ships in rapid speed in the fight against World War II.
Asbestos sufferers are more prone to suffering from life-threatening, severe health problems, including mesothelioma and lung cancer as well as asbestosis. These diseases have long latency periods, which means that it can be decades before symptoms appear and a diagnosis is made. Asbestos-related diseases are usually diagnosed after the victim's death, which makes them unique from other types of wrongful death claims.
Filing
The filing process for mesothelioma claims begins with the family of the victim selecting an asbestos law firm that can provide a free case review. Mesothelioma attorneys can assess the value of a case during this free consultation, which is often known as an "case evaluation." During the case review, an attorney will ask questions and gather information about the patient's medical history and workplace exposure to asbestos.
Once the lawyer has a clear idea of the value of a case they can then prepare the complaint and begin collecting evidence. Akron asbestos attorneys will need medical records to look over asbestos-related documents from companies and employment documents, in addition to interviewing witnesses and conducting research. In some cases they may subpoena old documents to prove the negligence of the companies who exposed their client to asbestos.
The attorney will send each defendant a notice of demand as soon as the complaint is prepared. The defendants are given a specific amount of time to respond. They usually deny the allegations, and claim that someone else is the one responsible for the alleged exposure. In this situation your lawyer will respond to the claim of the defendant and rebut it on your behalf.
A wrongful death lawsuit could result in an asbestos settlement or a verdict granting compensation. Additionally, family members can file claims with asbestos trust funds, which were set up by asbestos companies that went bankrupt to pay asbestos claim awards.
A claim for wrongful death due to asbestos can be filed in the name of a deceased family member, such as a spouse, parent or child. While this is a stressful time for family members, they can take satisfaction knowing that they will be compensated to help with funeral expenses, loss of income and the pain and suffering of the past.
The estate representative (or "estate") of the person who died of asbestosis or mesothelioma files the asbestos lawsuit for wrongful death. The person who files the claim could be the closest family member or the legal representative of the estate. Mesothelioma lawyers can assist families locate the appropriate person to handle their estate.